98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2697

Introduced 1/28/2014, by Sen. Andy Manar

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3

Amends the Unified Code of Corrections. Provides that a person serving a sentence for second degree murder shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Section 3-6-3 as follows:

6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

7 Sec. 3-6-3. Rules and Regulations for Sentence Credit.

8 (a) (1) The Department of Corrections shall prescribe

9 rules and regulations for awarding and revoking sentence

10 credit for persons committed to the Department which shall

11 be subject to review by the Prisoner Review Board.

12 (1.5) As otherwise provided by law, sentence credit may

13 be awarded for the following:

14 (A) successful completion of programming while in

15 custody of the Department or while in custody prior to

16 sentencing;

17 (B) compliance with the rules and regulations of

18 the Department; or

19 (C) service to the institution, service to a

20 community, or service to the State.

21 (2) The rules and regulations on sentence credit shall

22 provide, with respect to offenses listed in clause (i),

23 (ii), or (iii) of this paragraph (2) committed on or after

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1 June 19, 1998 or with respect to the offense listed in

2 clause (iv) of this paragraph (2) committed on or after

3 June 23, 2005 (the effective date of Public Act 94-71) or

4 with respect to offense listed in clause (vi) committed on

5 or after June 1, 2008 (the effective date of Public Act

6 95-625) or with respect to the offense of being an armed

7 habitual criminal committed on or after August 2, 2005 (the

8 effective date of Public Act 94-398) or with respect to the

9 offenses listed in clause (v) of this paragraph (2)

10 committed on or after August 13, 2007 (the effective date

11 of Public Act 95-134) or with respect to the offense of

12 aggravated domestic battery committed on or after July 23,

13 2010 (the effective date of Public Act 96-1224) or with

14 respect to the offense of attempt to commit terrorism

15 committed on or after January 1, 2013 (the effective date

16 of Public Act 97-990) or with respect to the offense of

17 second degree murder committed on or after the effective

18 date of this amendatory Act of the 98th General Assembly,

19 the following:

20 (i) that a prisoner who is serving a term of

21 imprisonment for first degree murder or for the offense

22 of terrorism shall receive no sentence credit and shall

23 serve the entire sentence imposed by the court;

24 (ii) that a prisoner serving a sentence for attempt

25 to commit terrorism, attempt to commit first degree

26 murder, solicitation of murder, solicitation of murder

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1 for hire, intentional homicide of an unborn child,

2 predatory criminal sexual assault of a child,

3 aggravated criminal sexual assault, criminal sexual

4 assault, aggravated kidnapping, aggravated battery

5 with a firearm as described in Section 12-4.2 or

6 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

7 Section 12-3.05, heinous battery as described in

8 Section 12-4.1 or subdivision (a)(2) of Section

9 12-3.05, being an armed habitual criminal, aggravated

10 battery of a senior citizen as described in Section

11 12-4.6 or subdivision (a)(4) of Section 12-3.05, or

12 aggravated battery of a child as described in Section

13 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall

14 receive no more than 4.5 days of sentence credit for

15 each month of his or her sentence of imprisonment;

16 (iii) that a prisoner serving a sentence for home

17 invasion, armed robbery, aggravated vehicular

18 hijacking, aggravated discharge of a firearm, or armed

19 violence with a category I weapon or category II

20 weapon, when the court has made and entered a finding,

21 pursuant to subsection (c-1) of Section 5-4-1 of this

22 Code, that the conduct leading to conviction for the

23 enumerated offense resulted in great bodily harm to a

24 victim, shall receive no more than 4.5 days of sentence

25 credit for each month of his or her sentence of

26 imprisonment;

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1 (iv) that a prisoner serving a sentence for

2 aggravated discharge of a firearm, whether or not the

3 conduct leading to conviction for the offense resulted

4 in great bodily harm to the victim, shall receive no

5 more than 4.5 days of sentence credit for each month of

6 his or her sentence of imprisonment;

7 (v) that a person serving a sentence for

8 gunrunning, narcotics racketeering, controlled

9 substance trafficking, methamphetamine trafficking,

10 drug-induced homicide, aggravated

11 methamphetamine-related child endangerment, money

12 laundering pursuant to clause (c) (4) or (5) of Section

13 29B-1 of the Criminal Code of 1961 or the Criminal Code

14 of 2012, or a Class X felony conviction for delivery of

15 a controlled substance, possession of a controlled

16 substance with intent to manufacture or deliver,

17 calculated criminal drug conspiracy, criminal drug

18 conspiracy, street gang criminal drug conspiracy,

19 participation in methamphetamine manufacturing,

20 aggravated participation in methamphetamine

21 manufacturing, delivery of methamphetamine, possession

22 with intent to deliver methamphetamine, aggravated

23 delivery of methamphetamine, aggravated possession

24 with intent to deliver methamphetamine,

25 methamphetamine conspiracy when the substance

26 containing the controlled substance or methamphetamine

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1 is 100 grams or more shall receive no more than 7.5

2 days sentence credit for each month of his or her

3 sentence of imprisonment;

4 (vi) that a prisoner serving a sentence for a

5 second or subsequent offense of luring a minor shall

6 receive no more than 4.5 days of sentence credit for

7 each month of his or her sentence of imprisonment; ~~and~~

8 (vii) that a prisoner serving a sentence for

9 aggravated domestic battery shall receive no more than

10 4.5 days of sentence credit for each month of his or

11 her sentence of imprisonment; and ~~.~~

12 (viii) that a person serving a sentence for second

13 degree murder shall receive no more than 7.5 days

14 sentence credit for each month of his or her sentence

15 of imprisonment.

16 (2.1) For all offenses, other than those enumerated in

17 subdivision (a)(2)(i), (ii), or (iii) committed on or after

18 June 19, 1998 or subdivision (a)(2)(iv) committed on or

19 after June 23, 2005 (the effective date of Public Act

20 94-71) or subdivision (a)(2)(v) committed on or after

21 August 13, 2007 (the effective date of Public Act 95-134)

22 or subdivision (a)(2)(vi) committed on or after June 1,

23 2008 (the effective date of Public Act 95-625) or

24 subdivision (a)(2)(vii) committed on or after July 23, 2010

25 (the effective date of Public Act 96-1224) or subdivision

26 (a)(2)(viii) committed on or after the effective date of

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1 this amendatory Act of the 98th General Assembly, and other

2 than the offense of aggravated driving under the influence

3 of alcohol, other drug or drugs, or intoxicating compound

4 or compounds, or any combination thereof as defined in

5 subparagraph (F) of paragraph (1) of subsection (d) of

6 Section 11-501 of the Illinois Vehicle Code, and other than

7 the offense of aggravated driving under the influence of

8 alcohol, other drug or drugs, or intoxicating compound or

9 compounds, or any combination thereof as defined in

10 subparagraph (C) of paragraph (1) of subsection (d) of

11 Section 11-501 of the Illinois Vehicle Code committed on or

12 after January 1, 2011 (the effective date of Public Act

13 96-1230), the rules and regulations shall provide that a

14 prisoner who is serving a term of imprisonment shall

15 receive one day of sentence credit for each day of his or

16 her sentence of imprisonment or recommitment under Section

17 3-3-9. Each day of sentence credit shall reduce by one day

18 the prisoner's period of imprisonment or recommitment

19 under Section 3-3-9.

20 (2.2) A prisoner serving a term of natural life

21 imprisonment or a prisoner who has been sentenced to death

22 shall receive no sentence credit.

23 (2.3) The rules and regulations on sentence credit

24 shall provide that a prisoner who is serving a sentence for

25 aggravated driving under the influence of alcohol, other

26 drug or drugs, or intoxicating compound or compounds, or

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1 any combination thereof as defined in subparagraph (F) of

2 paragraph (1) of subsection (d) of Section 11-501 of the

3 Illinois Vehicle Code, shall receive no more than 4.5 days

4 of sentence credit for each month of his or her sentence of

5 imprisonment.

6 (2.4) The rules and regulations on sentence credit

7 shall provide with respect to the offenses of aggravated

8 battery with a machine gun or a firearm equipped with any

9 device or attachment designed or used for silencing the

10 report of a firearm or aggravated discharge of a machine

11 gun or a firearm equipped with any device or attachment

12 designed or used for silencing the report of a firearm,

13 committed on or after July 15, 1999 (the effective date of

14 Public Act 91-121), that a prisoner serving a sentence for

15 any of these offenses shall receive no more than 4.5 days

16 of sentence credit for each month of his or her sentence of

17 imprisonment.

18 (2.5) The rules and regulations on sentence credit

19 shall provide that a prisoner who is serving a sentence for

20 aggravated arson committed on or after July 27, 2001 (the

21 effective date of Public Act 92-176) shall receive no more

22 than 4.5 days of sentence credit for each month of his or

23 her sentence of imprisonment.

24 (2.6) The rules and regulations on sentence credit

25 shall provide that a prisoner who is serving a sentence for

26 aggravated driving under the influence of alcohol, other

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1 drug or drugs, or intoxicating compound or compounds or any

2 combination thereof as defined in subparagraph (C) of

3 paragraph (1) of subsection (d) of Section 11-501 of the

4 Illinois Vehicle Code committed on or after January 1, 2011

5 (the effective date of Public Act 96-1230) shall receive no

6 more than 4.5 days of sentence credit for each month of his

7 or her sentence of imprisonment.

8 (3) The rules and regulations shall also provide that

9 the Director may award up to 180 days additional sentence

10 credit for good conduct in specific instances as the

11 Director deems proper. The good conduct may include, but is

12 not limited to, compliance with the rules and regulations

13 of the Department, service to the Department, service to a

14 community, or service to the State. However, the Director

15 shall not award more than 90 days of sentence credit for

16 good conduct to any prisoner who is serving a sentence for

17 conviction of first degree murder, reckless homicide while

18 under the influence of alcohol or any other drug, or

19 aggravated driving under the influence of alcohol, other

20 drug or drugs, or intoxicating compound or compounds, or

21 any combination thereof as defined in subparagraph (F) of

22 paragraph (1) of subsection (d) of Section 11-501 of the

23 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

24 predatory criminal sexual assault of a child, aggravated

25 criminal sexual assault, criminal sexual assault, deviate

26 sexual assault, aggravated criminal sexual abuse,

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1 aggravated indecent liberties with a child, indecent

2 liberties with a child, child pornography, heinous battery

3 as described in Section 12-4.1 or subdivision (a)(2) of

4 Section 12-3.05, aggravated battery of a spouse,

5 aggravated battery of a spouse with a firearm, stalking,

6 aggravated stalking, aggravated battery of a child as

7 described in Section 12-4.3 or subdivision (b)(1) of

8 Section 12-3.05, endangering the life or health of a child,

9 or cruelty to a child. Notwithstanding the foregoing,

10 sentence credit for good conduct shall not be awarded on a

11 sentence of imprisonment imposed for conviction of: (i) one

12 of the offenses enumerated in subdivision (a)(2)(i), (ii),

13 or (iii) when the offense is committed on or after June 19,

14 1998 or subdivision (a)(2)(iv) when the offense is

15 committed on or after June 23, 2005 (the effective date of

16 Public Act 94-71) or subdivision (a)(2)(v) when the offense

17 is committed on or after August 13, 2007 (the effective

18 date of Public Act 95-134) or subdivision (a)(2)(vi) when

19 the offense is committed on or after June 1, 2008 (the

20 effective date of Public Act 95-625) or subdivision

21 (a)(2)(vii) when the offense is committed on or after July

22 23, 2010 (the effective date of Public Act 96-1224) or

23 subdivision (a)(2)(viii) when the offense is committed on

24 or after the effective date of this amendatory Act of the

25 98th General Assembly, (ii) aggravated driving under the

26 influence of alcohol, other drug or drugs, or intoxicating

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1 compound or compounds, or any combination thereof as

2 defined in subparagraph (F) of paragraph (1) of subsection

3 (d) of Section 11-501 of the Illinois Vehicle Code, (iii)

4 one of the offenses enumerated in subdivision (a)(2.4) when

5 the offense is committed on or after July 15, 1999 (the

6 effective date of Public Act 91-121), (iv) aggravated arson

7 when the offense is committed on or after July 27, 2001

8 (the effective date of Public Act 92-176), (v) offenses

9 that may subject the offender to commitment under the

10 Sexually Violent Persons Commitment Act, or (vi)

11 aggravated driving under the influence of alcohol, other

12 drug or drugs, or intoxicating compound or compounds or any

13 combination thereof as defined in subparagraph (C) of

14 paragraph (1) of subsection (d) of Section 11-501 of the

15 Illinois Vehicle Code committed on or after January 1, 2011

16 (the effective date of Public Act 96-1230).

17 Eligible inmates for an award of sentence credit under this

18 paragraph (3) may be selected to receive the credit at the

19 Director's or his or her designee's sole discretion.

20 Consideration may be based on, but not limited to, any

21 available risk assessment analysis on the inmate, any history

22 of conviction for violent crimes as defined by the Rights of

23 Crime Victims and Witnesses Act, facts and circumstances of the

24 inmate's holding offense or offenses, and the potential for

25 rehabilitation.

26 The Director shall not award sentence credit under this

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1 paragraph (3) to an inmate unless the inmate has served a

2 minimum of 60 days of the sentence; except nothing in this

3 paragraph shall be construed to permit the Director to extend

4 an inmate's sentence beyond that which was imposed by the

5 court. Prior to awarding credit under this paragraph (3), the

6 Director shall make a written determination that the inmate:

7 (A) is eligible for the sentence credit;

8 (B) has served a minimum of 60 days, or as close to

9 60 days as the sentence will allow; and

10 (C) has met the eligibility criteria established

11 by rule.

12 The Director shall determine the form and content of

13 the written determination required in this subsection.

14 (3.5) The Department shall provide annual written

15 reports to the Governor and the General Assembly on the

16 award of sentence credit for good conduct, with the first

17 report due January 1, 2014. The Department must publish

18 both reports on its website within 48 hours of transmitting

19 the reports to the Governor and the General Assembly. The

20 reports must include:

21 (A) the number of inmates awarded sentence credit

22 for good conduct;

23 (B) the average amount of sentence credit for good

24 conduct awarded;

25 (C) the holding offenses of inmates awarded

26 sentence credit for good conduct; and

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1 (D) the number of sentence credit for good conduct

2 revocations.

3 (4) The rules and regulations shall also provide that

4 the sentence credit accumulated and retained under

5 paragraph (2.1) of subsection (a) of this Section by any

6 inmate during specific periods of time in which such inmate

7 is engaged full-time in substance abuse programs,

8 correctional industry assignments, educational programs,

9 behavior modification programs, life skills courses, or

10 re-entry planning provided by the Department under this

11 paragraph (4) and satisfactorily completes the assigned

12 program as determined by the standards of the Department,

13 shall be multiplied by a factor of 1.25 for program

14 participation before August 11, 1993 and 1.50 for program

15 participation on or after that date. The rules and

16 regulations shall also provide that sentence credit,

17 subject to the same offense limits and multiplier provided

18 in this paragraph, may be provided to an inmate who was

19 held in pre-trial detention prior to his or her current

20 commitment to the Department of Corrections and

21 successfully completed a full-time, 60-day or longer

22 substance abuse program, educational program, behavior

23 modification program, life skills course, or re-entry

24 planning provided by the county department of corrections

25 or county jail. Calculation of this county program credit

26 shall be done at sentencing as provided in Section

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1 5-4.5-100 of this Code and shall be included in the

2 sentencing order. However, no inmate shall be eligible for

3 the additional sentence credit under this paragraph (4) or

4 (4.1) of this subsection (a) while assigned to a boot camp

5 or electronic detention, or if convicted of an offense

6 enumerated in subdivision (a)(2)(i), (ii), or (iii) of this

7 Section that is committed on or after June 19, 1998 or

8 subdivision (a)(2)(iv) of this Section that is committed on

9 or after June 23, 2005 (the effective date of Public Act

10 94-71) or subdivision (a)(2)(v) of this Section that is

11 committed on or after August 13, 2007 (the effective date

12 of Public Act 95-134) or subdivision (a)(2)(vi) when the

13 offense is committed on or after June 1, 2008 (the

14 effective date of Public Act 95-625) or subdivision

15 (a)(2)(vii) when the offense is committed on or after July

16 23, 2010 (the effective date of Public Act 96-1224) or

17 subdivision (a)(2)(viii) when the offense is committed on

18 or after the effective date of this amendatory Act of the

19 98th General Assembly, or if convicted of aggravated

20 driving under the influence of alcohol, other drug or

21 drugs, or intoxicating compound or compounds or any

22 combination thereof as defined in subparagraph (F) of

23 paragraph (1) of subsection (d) of Section 11-501 of the

24 Illinois Vehicle Code, or if convicted of aggravated

25 driving under the influence of alcohol, other drug or

26 drugs, or intoxicating compound or compounds or any

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1 combination thereof as defined in subparagraph (C) of

2 paragraph (1) of subsection (d) of Section 11-501 of the

3 Illinois Vehicle Code committed on or after January 1, 2011

4 (the effective date of Public Act 96-1230), or if convicted

5 of an offense enumerated in paragraph (a)(2.4) of this

6 Section that is committed on or after July 15, 1999 (the

7 effective date of Public Act 91-121), or first degree

8 murder, a Class X felony, criminal sexual assault, felony

9 criminal sexual abuse, aggravated criminal sexual abuse,

10 aggravated battery with a firearm as described in Section

11 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

12 Section 12-3.05, or any predecessor or successor offenses

13 with the same or substantially the same elements, or any

14 inchoate offenses relating to the foregoing offenses. No

15 inmate shall be eligible for the additional good conduct

16 credit under this paragraph (4) who (i) has previously

17 received increased good conduct credit under this

18 paragraph (4) and has subsequently been convicted of a

19 felony, or (ii) has previously served more than one prior

20 sentence of imprisonment for a felony in an adult

21 correctional facility.

22 Educational, vocational, substance abuse, behavior

23 modification programs, life skills courses, re-entry

24 planning, and correctional industry programs under which

25 sentence credit may be increased under this paragraph (4)

26 and paragraph (4.1) of this subsection (a) shall be

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1 evaluated by the Department on the basis of documented

2 standards. The Department shall report the results of these

3 evaluations to the Governor and the General Assembly by

4 September 30th of each year. The reports shall include data

5 relating to the recidivism rate among program

6 participants.

7 Availability of these programs shall be subject to the

8 limits of fiscal resources appropriated by the General

9 Assembly for these purposes. Eligible inmates who are

10 denied immediate admission shall be placed on a waiting

11 list under criteria established by the Department. The

12 inability of any inmate to become engaged in any such

13 programs by reason of insufficient program resources or for

14 any other reason established under the rules and

15 regulations of the Department shall not be deemed a cause

16 of action under which the Department or any employee or

17 agent of the Department shall be liable for damages to the

18 inmate.

19 (4.1) The rules and regulations shall also provide that

20 an additional 60 days of sentence credit shall be awarded

21 to any prisoner who passes the high school level Test of

22 General Educational Development (GED) while the prisoner

23 is committed to the Department of Corrections. The sentence

24 credit awarded under this paragraph (4.1) shall be in

25 addition to, and shall not affect, the award of sentence

26 credit under any other paragraph of this Section, but shall

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1 also be pursuant to the guidelines and restrictions set

2 forth in paragraph (4) of subsection (a) of this Section.

3 The sentence credit provided for in this paragraph shall be

4 available only to those prisoners who have not previously

5 earned a high school diploma or a GED. If, after an award

6 of the GED sentence credit has been made and the Department

7 determines that the prisoner was not eligible, then the

8 award shall be revoked. The Department may also award 60

9 days of sentence credit to any committed person who passed

10 the high school level Test of General Educational

11 Development (GED) while he or she was held in pre-trial

12 detention prior to the current commitment to the Department

13 of Corrections.

14 (4.5) The rules and regulations on sentence credit

15 shall also provide that when the court's sentencing order

16 recommends a prisoner for substance abuse treatment and the

17 crime was committed on or after September 1, 2003 (the

18 effective date of Public Act 93-354), the prisoner shall

19 receive no sentence credit awarded under clause (3) of this

20 subsection (a) unless he or she participates in and

21 completes a substance abuse treatment program. The

22 Director may waive the requirement to participate in or

23 complete a substance abuse treatment program and award the

24 sentence credit in specific instances if the prisoner is

25 not a good candidate for a substance abuse treatment

26 program for medical, programming, or operational reasons.

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1 Availability of substance abuse treatment shall be subject

2 to the limits of fiscal resources appropriated by the

3 General Assembly for these purposes. If treatment is not

4 available and the requirement to participate and complete

5 the treatment has not been waived by the Director, the

6 prisoner shall be placed on a waiting list under criteria

7 established by the Department. The Director may allow a

8 prisoner placed on a waiting list to participate in and

9 complete a substance abuse education class or attend

10 substance abuse self-help meetings in lieu of a substance

11 abuse treatment program. A prisoner on a waiting list who

12 is not placed in a substance abuse program prior to release

13 may be eligible for a waiver and receive sentence credit

14 under clause (3) of this subsection (a) at the discretion

15 of the Director.

16 (4.6) The rules and regulations on sentence credit

17 shall also provide that a prisoner who has been convicted

18 of a sex offense as defined in Section 2 of the Sex

19 Offender Registration Act shall receive no sentence credit

20 unless he or she either has successfully completed or is

21 participating in sex offender treatment as defined by the

22 Sex Offender Management Board. However, prisoners who are

23 waiting to receive treatment, but who are unable to do so

24 due solely to the lack of resources on the part of the

25 Department, may, at the Director's sole discretion, be

26 awarded sentence credit at a rate as the Director shall

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1 determine.

2 (5) Whenever the Department is to release any inmate

3 earlier than it otherwise would because of a grant of

4 sentence credit for good conduct under paragraph (3) of

5 subsection (a) of this Section given at any time during the

6 term, the Department shall give reasonable notice of the

7 impending release not less than 14 days prior to the date

8 of the release to the State's Attorney of the county where

9 the prosecution of the inmate took place, and if

10 applicable, the State's Attorney of the county into which

11 the inmate will be released. The Department must also make

12 identification information and a recent photo of the inmate

13 being released accessible on the Internet by means of a

14 hyperlink labeled "Community Notification of Inmate Early

15 Release" on the Department's World Wide Web homepage. The

16 identification information shall include the inmate's:

17 name, any known alias, date of birth, physical

18 characteristics, residence address, commitment offense and

19 county where conviction was imposed. The identification

20 information shall be placed on the website within 3 days of

21 the inmate's release and the information may not be removed

22 until either: completion of the first year of mandatory

23 supervised release or return of the inmate to custody of

24 the Department.

25 (b) Whenever a person is or has been committed under

26 several convictions, with separate sentences, the sentences

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1 shall be construed under Section 5-8-4 in granting and

2 forfeiting of sentence credit.

3 (c) The Department shall prescribe rules and regulations

4 for revoking sentence credit, including revoking sentence

5 credit awarded for good conduct under paragraph (3) of

6 subsection (a) of this Section. The Department shall prescribe

7 rules and regulations for suspending or reducing the rate of

8 accumulation of sentence credit for specific rule violations,

9 during imprisonment. These rules and regulations shall provide

10 that no inmate may be penalized more than one year of sentence

11 credit for any one infraction.

12 When the Department seeks to revoke, suspend or reduce the

13 rate of accumulation of any sentence credits for an alleged

14 infraction of its rules, it shall bring charges therefor

15 against the prisoner sought to be so deprived of sentence

16 credits before the Prisoner Review Board as provided in

17 subparagraph (a)(4) of Section 3-3-2 of this Code, if the

18 amount of credit at issue exceeds 30 days or when during any 12

19 month period, the cumulative amount of credit revoked exceeds

20 30 days except where the infraction is committed or discovered

21 within 60 days of scheduled release. In those cases, the

22 Department of Corrections may revoke up to 30 days of sentence

23 credit. The Board may subsequently approve the revocation of

24 additional sentence credit, if the Department seeks to revoke

25 sentence credit in excess of 30 days. However, the Board shall

26 not be empowered to review the Department's decision with

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1 respect to the loss of 30 days of sentence credit within any

2 calendar year for any prisoner or to increase any penalty

3 beyond the length requested by the Department.

4 The Director of the Department of Corrections, in

5 appropriate cases, may restore up to 30 days of sentence

6 credits which have been revoked, suspended or reduced. Any

7 restoration of sentence credits in excess of 30 days shall be

8 subject to review by the Prisoner Review Board. However, the

9 Board may not restore sentence credit in excess of the amount

10 requested by the Director.

11 Nothing contained in this Section shall prohibit the

12 Prisoner Review Board from ordering, pursuant to Section

13 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

14 sentence imposed by the court that was not served due to the

15 accumulation of sentence credit.

16 (d) If a lawsuit is filed by a prisoner in an Illinois or

17 federal court against the State, the Department of Corrections,

18 or the Prisoner Review Board, or against any of their officers

19 or employees, and the court makes a specific finding that a

20 pleading, motion, or other paper filed by the prisoner is

21 frivolous, the Department of Corrections shall conduct a

22 hearing to revoke up to 180 days of sentence credit by bringing

23 charges against the prisoner sought to be deprived of the

24 sentence credits before the Prisoner Review Board as provided

25 in subparagraph (a)(8) of Section 3-3-2 of this Code. If the

26 prisoner has not accumulated 180 days of sentence credit at the

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1 time of the finding, then the Prisoner Review Board may revoke

2 all sentence credit accumulated by the prisoner.

3 For purposes of this subsection (d):

4 (1) "Frivolous" means that a pleading, motion, or other

5 filing which purports to be a legal document filed by a

6 prisoner in his or her lawsuit meets any or all of the

7 following criteria:

8 (A) it lacks an arguable basis either in law or in

9 fact;

10 (B) it is being presented for any improper purpose,

11 such as to harass or to cause unnecessary delay or

12 needless increase in the cost of litigation;

13 (C) the claims, defenses, and other legal

14 contentions therein are not warranted by existing law

15 or by a nonfrivolous argument for the extension,

16 modification, or reversal of existing law or the

17 establishment of new law;

18 (D) the allegations and other factual contentions

19 do not have evidentiary support or, if specifically so

20 identified, are not likely to have evidentiary support

21 after a reasonable opportunity for further

22 investigation or discovery; or

23 (E) the denials of factual contentions are not

24 warranted on the evidence, or if specifically so

25 identified, are not reasonably based on a lack of

26 information or belief.

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LRB098 17530 RLC 52639 b

1 (2) "Lawsuit" means a motion pursuant to Section 116-3

2 of the Code of Criminal Procedure of 1963, a habeas corpus

3 action under Article X of the Code of Civil Procedure or

4 under federal law (28 U.S.C. 2254), a petition for claim

5 under the Court of Claims Act, an action under the federal

6 Civil Rights Act (42 U.S.C. 1983), or a second or

7 subsequent petition for post-conviction relief under

8 Article 122 of the Code of Criminal Procedure of 1963

9 whether filed with or without leave of court or a second or

10 subsequent petition for relief from judgment under Section

11 2-1401 of the Code of Civil Procedure.

12 (e) Nothing in Public Act 90-592 or 90-593 affects the

13 validity of Public Act 89-404.

14 (f) Whenever the Department is to release any inmate who

15 has been convicted of a violation of an order of protection

16 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

17 the Criminal Code of 2012, earlier than it otherwise would

18 because of a grant of sentence credit, the Department, as a

19 condition of release, shall require that the person, upon

20 release, be placed under electronic surveillance as provided in

21 Section 5-8A-7 of this Code.

22 (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;

23 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.

24 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,

25 eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;

26 97-1150, eff. 1-25-13.)